IN

THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS
I

People Of the State Of Illinois

Petitioner
vs.

) I ) I ) I

No. 09

CF 1048 (Custody)

Drew Peterson
Respondent

) I ) I

'

NOTICE OF MOTION
To:

James Glasgow
Will

John Connor County States Attorney 121 N. Chicago St Joliet lL 60432

jglasgow@wiIlcountyiIIinois.com
jconnor@willcountyillinois.com

On October 12, 2012, 2009 at 9:30 a.m. or as soon thereafter as counsel may be heard, appear before the Honorable Edward Burmila, or any judge sitting in his stead, in Courtroom 403 ofthe Will County Courthouse, 14 W. Jefferson St., Joliet, Illinois, and present
I

shall

the attached motion.

Joel A. Brodsky

Attorney for Drew Peterson 8 S. Michigan Ave.

Suite

_ ~

3200

Chicago Illinois 60603 (312) 541-7000

PROOF OF SERVICE BY E-MAIL

l,

Joel A. Brodsky, the attorney, certify that

to

on October

10, 2012,

served

mailing

a copy to each person

lL.

whom

it

is

directed at the addresses indlcat

by eabove from 8 S.
this notice

Michigan Ave., Chicago,

before 5:00 p.m..

JJ

IN

THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS
-

People Of The State Of

Illinois

) I

Plaintiff

) I

vs.

) I

No. 09

CF 1048

Drew Peterson
.

) I

Defendant

) I

MOTION TO STRIKE UNAUTHORIZED POST-TRIAL MOTION FILED BY ATTORNEYS JOHN PAUL CARROLL AND MICHELLE GONZALEZ, TO HOLD JOHN PAUL CARROLL AND MICHELLE GONZALEZ IN DIRECT CRIMINAL CONTEMPT OF COURT AND TO APPOINT A SPECIAL PROSECUTOR

Now comes the Defendant Drew Peterson, by and through his attorney, Joel A.
and moves
this

Brodsky-

Court to enter an order

striking

the Post-Trial Motion

filed

on behalf of the
I

Defendant Drew Peterson by attorney John Paul Carroll and Michelle Gonzalez, to hold John Paul
Carroll

and Michelle Gonzalez

in direct criminal

contempt of
In

court,

and

to appoint a special

prosecutorto investigate leaks of impounded documents.

states:

support of this motion the Defendant

1.

On October

9,

2012, the Defendants Attorney Joel A. Brodsky was advised that

attorneys John Paul Carroll and Michelle Gonzalez has filed a post-trial motion in the above entitled

case on behalf of the Defendant Drew Peterson.

2.

That prior to

this date,

the Defendants attorney Joel Brodsky had been advised by the

his associate Michelle

Defendant that the Defendant had met with John Paul Carroll and
to discuss issues regarding his pension

Gonzalez

onlyand that John Paul Carroll and Michelle Gonzalez had

in this

not been hired or authorized to appear or represent him

3.

case.

That on several occasions between September 30, 2012 and October 9, 2012,

in

three

(3)

face to face meetings, and at least eight (8) telephone conversations, Defendant has informed

Joel A. Brodsky that

he has never hired Attorney John Paul

Carroll or Michelle

Gonzalez

to

represent him

in

the case of People v.

Drew Peterson, O9 CF 1048, and Attorney John Paul Carroll

and Michelle Gonzalez have never been authorized by Defendant Drew Peterson to appearfor him
or
file

any motion or pleading on his behalf in

4.

this

case.
filed

That based on the information from the Defendant Drew Peterson, the motion

by

John Paul Carroll and Michelle Gonzalez in this case is totallyand completely unauthorized, and
is,

and should be held

5.

to be, null

and

void.

That to the knowledge of Defendant and his attorney Joel Brodsky

this

Court has not

A

granted the Attorney John Paul Carroll or Attorney Michelle Gonzalez leave to appear for the
Defendant.

An attorney who has not been granted leave to appear cannot, and should not, file any
a case.

motions

in

6.

The aforesaid wrongful and

illegal

actions of Attorney

John Paul

Carroll

and Attorney
in that

Michelle Gonzalez are criminally

contemptuous of the majesty and authority of this Court

they attempt to prejudice the appeal rights Defendant who has been convicted of 1s' degree murder
in

a jury trial before

this Court,

attempt to wrongfully deprive the Defendant of his

G"`

Amendment

right to

counsel of his choice for post-trial motions before this Court, and wrongfully endangerthe
in

work done
actions

five (5)

week jury

trial

held before this Court without cause or authority.

These

were done by

filings with

the Clerk of the Court and thereby constitute direct criminal

contempt of the authority and majesty of this Court.

7.

That even though he

is

counsel of record, Joel Brodsky has not been served with a copy
Carroll.

of the motion filed by

John Paul

Having only seen the allegations on the version of the

motion posted by the Chicago Tribune, Defendant and his attorney Joel A.

Brodsky state that

the unauthorized motion filed by John Paul Carroll is based entirely on allegations that are

-2-

untrue, are blatant lies,

and have no basis in fact whatsoever, and which do greatprejudice

a motion, without legal authority, and without first being granted
is

to the Defendant. That filing such

leave of court to appear for the Defendant

a direct attack on the authority and majesty of

this

Court and constitute further direct criminal contempt of this Court.

8.

That even though the clerks records show that the motion wrongfully filed by Attorney
Carroll

John Paul

and Attorney Michelle Gonzalez was impounded by order

of this Court, a file

stamped copy of the motion was leaked in violation of the impoundment order to Stacy St.
Clair,

a reporter for the Chicago Tribune newspaper,

who posted a link to a full copy of the

motion on the Chicago Tribune website,

to the Defendants great prejudice. Stacy St. Clair

in this

has been the recipient of several other leaked documents

case, the most notable

issued on

was a
18,

copy of Judge Whites sealed ruling on the issue of hearsay which was
2010, and
9.

May

was soon thereafter leaked to Stacy

St. Clair to

the Defendants great prejudice.

Defendant asks that a special prosecutor be appointed to convene a special grand

Clair.

jury to investigate these multiple leaks to Chicago Tribune Reporter Stacy St.

WHEREFORE,

the Defendant prays that this Court enter an order striking any and

all
n

pleadings and posttriaI motions filed by Attorney John Paul Carroll and Attorney Michelle Gonzalez
in this

case, and barring the said Attorney John Paul Carroll and Attorney Michelle Gonzalez from
filing

appearing or
Carroll

any other motion or pleading

in this

case, that the said Attorney John Paul

and Attorney Michelle Gonzalez be held

in

direct criminal

contempt of

this

Court and

imprisoned for a period not to exceed 180 days and/or fined $1000 or both, and that a special
prosecutor be appointed to convene a special grand jury to investigate these multiple leaks to

Chicago Tribune Reporter Stacy

St. _C|air,

and

for

such other

relief

as the Court deems

fit.

-3-

Respectfully

|d,

..

Joel A. Brodsky
Attorney for Drew Peterson 8 S. Michigan Ave.
Suite

3200

Chicago Illinois 60603 (312) 541-7000

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be tr
.

Joel

B dsky

Joel A. Brodsky
Attorney for Drew Peterson 8 S. Michigan Ave.
Suite

3200

Chicago Illinois 60603 (312) 541-7000

-4_